THEA~ORNEYGENERAL 

OF TEXAS 

Bon. Sam Lee, 

County Attorney, 

Brasorla County, 

Angleton, Texas 

Dear Sir: 

Opinion Do. v-563 

Re: Authority of County Clerk to 

record a brand which is on 

cattle transferred from another county when such brand has 

been previously recorded in 

his county. 

We refer to your letter of April 14, 1948, in 

which you submit the questions: 

QUESTIOD 10. I 

“May two persons have the same figure as 

a brand, but place it at a different point on 

the animal’s body? 

QWSTIOI4 DO. II 

“If cattle are moved from one county to 

another county and vhen the owner goes to record his brand in the new county and finds 

another brand recorded and which was recorded 

at a time later than the brand of the person 

who transferred the cattle In his original 

county, will the ovner vho transferred the 

cattle have to change his brand in order ,to 

comply with the statute that no two persons 

can have the same brand. In other words, when 

the person who transferred the cattle goes lnto the Clerk’s Office to record his brand, can 

the Clerk record the same when he already has 

such a brand legally recorded in the name of 

another person?” 

Article 6899d, V. C. S.~, .readsr 

“This Act shall apply to Brasoria County 

only. In said County each owner of any livestock mentioned in Chapter 1 of Title 121, of 
Hon. Sam Lee - Page 2 (V-563) 

the Revised Civfl Statutes of Texas, of 1925 

shall within six (6) months after this Act 

takes effect have his mark and brand for such 

stock recorded in the office of the County 

Clerk of said County. Such owners shall so 

record such marks and brands whether the same 

have been heretofore recorded or not. The owner shall have the right to have his mark and 

brand recorded In his name who according to 

the present records of said County first recorded the same in the County, or In event it 

can not be ascertained from the records who 

first recorded same In the County, then the 

person who has been using such mark and brand 

the longest shall have the right to have the 

same recorded in his name. After the explration of six (6) months from the taking effect 

of this Act all records of marks and brands 

now in existence in said County shall no longer have any force or effect and after the expiration of six (6) months only the records 

made after this Act takes effect shall be examined or considered in recording marks and 

brands in said County. Immediately upon the 

taking effect of this Act the County Clerk of 

said County shall have this Act published in 

some newspaper of general circulation in the 

County for a period of thirty (30) days, which 

publication shall be paid for by the County 

out of the General County Fund. Acts 1939, 

46th Leg., Spec. L., p. 516, 8 1.” 

Article 1486, V. P. C., reads: 

“Any county clerk who shall record any 

brand when the person having the same recorded 

fails to designate the part of the animal upon 

which the same Is to be placed shall be fined 

not less than ten or more than fifty dollars.” 

1114 

We quote from Attorney General’s Opinion Bo. Oreferred to by you in your request: 

” 

r&i 

we hold the opinion that you were corin advising your county clerk that it Is 

possible for two persons to have the same figure as a brand, if they place it at a distlnctively different place on the animal’s body.” 
Hon. Sam Lee - Page 3 (V-563) 

In view of the foregoing, if a brand is recorded 

in Brazorla County, which record designates the place on 

an animal where such brand shall be placed, another owner 

may not have the same brand recorded to be placed at the 

same designated place on an animal; but may record the same 

figure, letter or character to be placed at a different designated place on such animal. 

If a brand Is recorded in Brazorla County, 

which record designates the place on an animal 

where such brand shall be placed, another owner may not have the same brand recorded to be 

placed at the same designated place on an animal; but may record the same figure, letter or 

character to be placed at a different deslgnated place on such animal. 

Very truly yours? 

ATTORNEY GENERAL OF TEXkS 

W’W :wb 

APPROVED: